By A. Macfarlane
ISBN-10: 1349428043
ISBN-13: 9781349428045
ISBN-10: 1403913900
ISBN-13: 9781403913906
First and foremost of the 3rd Christian millennium we're conscious of titanic political, fiscal and ideological adjustments which situation the possibilities of liberty, wealth and equality. but it really is unusually tough for us to appreciate those forces, for we can't see what surrounds us so heavily. This e-book analyses our through taking a look at the paintings of 2 nice thinkers, certainly one of whom offers a deep old point of view, the opposite a large comparative research. F.W. Maitland (1850-1906) was once greater than the best expert historian of recent instances, he was once a thinker who offers an excellent cartoon of the way our unusual global has take place, rather in his paintings on institutions and trusts. Yukichi Fukuzawa (1835-1901) greater than the other created the associations of contemporary Japan. As an intruder he presents an excellent perception into the center of the hot capitalist and business civilization which had emerged within the west.
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Example text
25 He argues concerning India that ‘there has been sufficient evidence to warrant the assertion that the oldest discoverable forms of property in land were forms of collective property . 28 The development of private, individual, property out of such communal property, ‘the process by which the primitive mode of enjoyment was converted into the agrarian system, out of which immediately grew the land-law prevailing in all Western Continental Europe before the first French Revolution and from which is demonstrably descended our own existing property law’, was, Maine declared, ‘the great problem of legal history’.
For one thing, the number of portions that we can with any plausibility treat as independent is very small. For another, such is the complexity of human affairs and such their interdependence that we can not hope for scientific laws which will formulate a sequence of stages in any one province of man’s activity. We can not, for instance, find a law which deals only with political and neglects proprietary arrangements, or a law which deals only with property and neglects religion. So soon as we penetrate below the surface, each of the cases whence we would induce our law begins to look extremely unique, and we shall hesitate long before we fill up the blanks that occur in the history of one nation by institutions and processes that have been observed in some other quarter.
38 Related to this was the problem of anachronism. Here Maitland introduced one of his key concepts, the idea that one should write history both backwards and forwards. It is worth quoting the passage fully both as an example of his style and also his realization of the aims and the dangers of historical reconstruction. He pointed out that ‘[t]he history of law must be a history of ideas. It must represent, not merely what men have done and said, but what men have thought in bygone ages. The task of reconstructing ancient ideas is hazardous and can only be accomplished little by little.
The Making of the Modern World: Visions from the West and East by A. Macfarlane
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